lot of uncertainty. you have the situation in europe where they are dealing with all sorts of debt challenges, and that washes up on our shores. and you had a tsunami in japan, and that broke supply chains and created difficulties for the economy all across the globe. so, there were a bunch of things taking place over the last six months that were not within our control. but here is the thing, the question is how do we handle these challenges? do we rise to the occasion? do we pull together? do we make smart decisions? and what's been happening over the last six months, and a little bit longer than that if we are honest with ourselves, is that we have a political culture that doesn't seem willing to make the tough choices to move america forward.

we've got a willingness to play partisan games, and engage in brinkmanship that not only costs us in terms of the economy now, but also is going to place a burden on future generations. and the question is, can we break out of that pattern? can we break out of that pattern? think about it, we just went through this debacle with the debt ceiling, an entirely self-inflicted wound. it wasn't something that was necessary. we had put forward a plan that would have stabilized our debt and our deficits for years to come, but because we've got a politics in which some folks in congress, not the folks who are here, but some in congress would

rather see their opponents lose than america win, we ended up creating more uncertainty and more damage to an economy that was already weak. now, we can't have patients with that kind of behavior any more. i know you're frustrated, and i'm frustrated too. we've got to focus on growing this economy, putting people back to work and making sure that the american dream is there, not just for this generation, but for the next generation. [applause] another way of putting this is, we expect our political representatives to show the same level of responsibility that all of you show. i don't know most of you, but i can guess that you're all working hard, you're managing

your budgets, you're putting something away for your kids' college education, maybe for your retirement. you're at the local church, working in a food pantry or doing something to help out your community, coaching little league. you are following through on your responsibilities, and that is true all across the country. people are doing the right thing. well, if you can do the right thing, then folks in washington have to do the right thing. [applause] and if we do that there is not a problem that we face that we cannot solve. think about it. our biggest challenge right now is putting people to work. biggest challenge is getting the economy growing as rapidly as it needs to grow. it's been growing, we've been able to reverse the recession,

we've added over 2 million jobs in the private sector over the last 17 months. [applause] but we're not growing it as fast as we need to to drive down the unemployment rate in a significant way and to give people confidence. so, here are some things that we could do right now, that i've been talking about now for months. we could renew the payroll tax cut that we gave you in december that put a thousand dollars in the pocket of a typical family, so that you've got more money in your pockets to spend to meet your obligations. it also means businesses have more customers, and it means they might hire a few more folks as a consequence. all we need to do is renew it. it's already in place. if we have certainty next year that that same tax cut is going to be in place that is going to help businesses make decisions to hire people and open up and make investments. that is something we can do

right now. congress can do that right now. [applause] >> congress right now could start putting folks to work rebuilding america. one of the biggest things that caused this recession was the housing bubble and all the subprime loans that argoing out that were getting packaged in wall street and folks were making millions and billions of dollars off of them, and then the whole thing came crashing down, and no one has been hit hard tkerp harder than construction workers. for us to say at a time when interest rates are low, contractors are begging for work, construction workers are lining up to find jobs, let's rebuild america. we could rebuild roads, bridges, schools, and parks all across america right now. [applause] >> we could put hundreds of thousands of folks to work right now. there is a bill sitting in congress right now that would set up an infrastructure bank to

get that moving attracting private sector dollars not just public dollars, congress needs to move. right now we've got our veterans coming home from iraq and afghanistan who have taken their place among the greatest of generations, have made extraordinary sacrifices. i meet these young people -- [applause] >> i meet young people 23, 24 years old. they are in charge of platoons making life and death decisions, they are in charge of tens of millions, a hundred million dollars worth of equipment and they are coming home and they can't find work. so we've said, let's get tax incentives to hire our veterans and put them back to work and use their skill to get this country moving again. [applause] >> congress could do that right

now. trade deals, trade deals haven't always been good for america. there have been times where we haven't got even a fair deal out of our trade deals, but we've put together a package that is going to allow us to start selling some chef he's, and some fords to korea so, we don't mind having hyundais and kias here but we want made in america stuff in other countries. that is stuff that congress could do right now. [applause] >> patent reform. it's something that a lot of folks don't talk about, but our entrepreneurs when they come up with a good idea, if we could reform out system works and cut some of the red tape we could have entrepreneurs creating businesses like google and microsoft right now all across the country. we could make this investment and congress can make that decision to make it happen. so, there is no shortage of ideas to put people to work right now.

what is needed is action on the part of congress, a willingness to put the partisan games aside and say, we are going to do what is right for the country, not what we think is going to score some political points for the next election. [applause] >> now, we also need to do this in a way that allows government to live within its means. like i said, everybody here, you make responsible choices about what you can afford and what you can't afford. america needs to do and can do the exact same thing. there are some programs that don't work and we should stop funding them. there is some red tape that needs to be cut, we should cut it. but the fact of the matter is that solving our debt and deficit problems simply requires

all of us to share in a little bit of sacrifice, all of us to be willing to do a little bit more to get this country back on track. [applause] >> and that's not too much to ask. basically what we need to do is we need to cut about $4 trillion over the next ten years. now that sounds like a big number. it is a big number. but, you know, if we were able to -- as i proposed -- cut about $2 trillion in spending, if folks who could best afford it, millionaires and billionaires were willing to eliminate some of the loopholes that they take advantage of in the tax code, and do a little bit more, and if we were willing to take on some of the long-term costs that we have on healthcare, if we do those things, we could solve

this problem tomorrow. i put a deal before the speaker of the house john boehner that would have solved this problem, and he walked away because his belief was, we can't ask anything of millionaires and billionaires and big corporations in order to close our deficit. now, warren buffet had an op ed that he wrote today where he said we've got to stop coddling billionaires like me. that's what warren buffet said. he pointed out that he paid a lower tax rate than anybody in his office, including the secretaries. he figured out that his tax bill, he paid about 17%. and the reason is because most of his wealth comes from capital

gains. you don't get those tax breaks. you're paying more than that. now i may be wrong, but i think you're a little less wealthy than warren buffet. that's just a guess. the point is, is that if we're willing to do something in a balanced way, making some tough choices in terms of spending cuts, but also raising revenue from folks who have done very well, even in a tough economy, then we can get control of our debt and deficit and we can start investing in things like education and basically search, and infrastructure and make sure that our future is bright. [applause] >> it's not that complicated. but it does require everybody being willing to make some compromises. i was in holland, michigan the other day and i said, i don't know about how things work in your house, but in my house, if i said, you know, michelle,

honey, we got to cutback, so we're going to have you stop shopping completely. you can't buy shoes, you can't buy dresses. but i'm keeping my golf clubs. [laughter] >> you know, that wouldn't go over so well. the point is, something has happened in washington where we think that kind of compromise that we do every day in our own families, with our neighbors, with our coworkers, with our friends, that somehow that's become a dirty word. and that's got to change. that's got to stop. [applause] >> so here is the bottom line. obviously with the markets going up and down last week, and this downgrade, a lot of folks were feeling a little anxious and distressed and following like, boy we've been working so hard over the last two and a half

years to get this economy back out of recession, and some folks worried that we might be slipping back. i want all of you to understand, there is nothing that we're facing that we can't solve with some spirit of mark first. a willingness to say, we're going to choose party -- we're going to choose country over party. we are going to choose the next generation over the next election. if we are willing to do that then i have absolutely no doubt that we can get this economy going again, we can put people back to work again, small businesses can start growing again. but i'm going to need your help to make it happen. you've got to send a message to washington that it's time for the games to stop. it's time to put country first. [applause]

>> it is time for the games to stop. some folks were asking me, well why don't you just call congress back. and i said, you know, i don't think it's going to make people feel real encouraged if we have congress come back and all they are doing is arguing again. so what they need to do is come to cannon falls, they need to come -- need to go back to their district, talk to ordinary folks, find out how frustrated they are, and hopefully when they get back in september they are going to have a new attitu attitude. [applause] >> but i want everybody to understand here that i'm not here just to enjoy the nice weather, i'm here to enlist you in a fight. we are fighting for the future of our country. [applause] >> and that is a fight that we are going to win. that is a promise that i make, with your help. thank you very much, everybody.

[applause] megyn: president obama there in cannon falls, minnesota. rallying the crowd. we are told he's going to take a couple of questions. let's listen. >> so everybody have a seat. here is how we're going to do it. i'm just going to call on folks and we're going to go girl boy, girl boy to make sure that -- make sure it's fair. i've got a couple of daughters, i know that sometimes -- you know. all right. right here. go ahead. yeah. yeah. hold on, introduce yourself for me. >> hi, i'm cecilia sendorf. first off president obama i want to say as a young voter thank you for helping me believe that it will be good some day like -- a. >> it's going to be good. >> i have a question, i promise. >> you bet. >> my question is how are you going to usury newable energy to

create jobs in the future? >> well, this is a great question, especially for rural communities all across america. tom vilsack who was the former governor of iowa knows a little bit about agriculture. when i put tom in as the head of the department of agriculture one of the first things we talked about was how can we mobilize the incredible resourcefulness and hard work of rural communities all across this country, not just to create jobs but also to win back energy independence. and as a consequence we have put billions of dollars into energy research and help move in a direction of greater reliance on fuels that are homegrown. so, let me give you a couple of examples. one, obviously is bio fuels. a lot of folks here are familiar

with corn-based ethanol, but the fact of the matter is that the technology is moving where we need to start taking advantage of a whole range of biofuels, using refuse, using stuff that we don't use for food to create energy, and we are seeing incredible progress -- megyn: there you have it. they are moving away from the core issues, which is jobs. we will monitor for further news. we'll stream it live on foxnews.com as well. we want to get a reaction to the president's remarks on jobs. joining me now for a reaction is fox business network's dobbs r lou dobbs, a zipped today indicated radio host as well of lou dobbs.com. the president seems to have two points he made in the speech. i have a plan, he ticked off four items i counted as part of the plan to bring the jobs

back. number two, because none of this has been implemented it's congress' fault. >> exactly. megyn: he wants to renew the payroll tax cut that he put in place, he and congress together a few months back. he wants to rebuild america's roads and bridges, focus on inch tpinch tpa structure. he wants to put veterans to work and more trade deals e. says congress can do it, congress need to move, congress could do it right now. >> congress could, but the problem is he hasn't put forward legislation for any of that. >> he says he has. he says he's got bills sitting right there that would rebuild america's roads and bridges. >> he may have bills sitting right there, but in point of fact those three countries in which he's calling for free trade agreements, he has not put the legislation before congress. secondly, he knows full well, even though his administration claims -- and listen to this. his administration claims 70,000 jobs would be created.

we need to be adding 150,000 to the most recent numbers in order to simply gain in this economy against the levels of unemployment. megyn: 70,000 is better than none. >> i couldn't agree with you more. but this is a president putting it forward as a solution to our high unemployment rate. we need to create 7 million jobs. megyn: he's playing small ball. >> he's playing small ball. in some respects he's throwing wiffle balls because none of the last six trade agreements have created a single job according to the department of labor. megyn: there was a question about whether president obama was sulking too much about the nation's state of affairs. today we saw a fiery president calming out and trying to tar congress with the blame, you have to choose country or over party. it's time for the games to stop and this is a sample of how the president put it. take a listen.

>> we have a political culture that doesn't seem willing to make the tough choices to move america forward. we've got a willingness to play partisan games and engage in brinkmanship that not only costs us, in terms of the economy now, but also it's going to place a burden on future generations. and the question is, can we break out of that pattern? megyn: fair? >> i think that it's fair, and as you call it fiery, i don't think personally, though that if that is fiery this president is going to be woefully inadequate to the campaign chores that await him over the course of the next 14, 15 months. the crowd you may have noticed there, they weren't responding. this was not a crowd that is rallying to him. megyn: the first gal seemed to like him a lot. >> she loved the man and these fine. that is not the kind of response that we are used to in 07-08.

this is a very carefully chosen venue. megyn: cannon falls has a 6-point the% unemployment rate. that seems to be a theme that is emerging on his bus tour. he's going to places where the unemployment rate is better than the national average, coincidence or not, i leave it to the viewers to decide. lou thank you. troubling new numbers for president obama. his approval rating hitting an all time low according to the latest gallop show. we will show you what it means for the 2012 race and the president's strategy, is it connected to what we just saw? and we are hearing chilling eyewitness accounts from the stage collapse in indiana that killed five people. new details from the investigation three minutes away. [ male announcer ] imagine all of your missed opportunities

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megyn: fox news alert a new look

into the deadly stage collapse in indiana. could it have been prevented? the video is truly horrifying. a violent gust of wind sends a concert set up crashing down on the crowd below killing five people and injuring some 40 others. we know organizers received several warnings about the severe weather prior to the collapse, so what happened? here is what we know about the events leading up to the tragedy. at 8:39pm a severe thunderstorm warning is issued. six minutes later an announcer warns the crowd about the dangerous weather but falls short of ordering an evacuation. at 8:49 p.m. four minutes later the stage collapses. david l, nquist is a music writer for the indianapolis star. he joins me by phone. thank you so much for being here. >> thank you. megyn: we want to get our arms around happened here, in the interest of preventing something

similar from happening. mitch daniels has called this freakish, calling it a freakish gust of wind saying no one could have foreseen it. and accuweather said it was predictable. they said they put out a warning for 60-mile an hour winds a full half hour before the stage collapsed. so where does the investigation stand? >> i'm -- what the officials at the fair, their announcement was a contingency plan based on the rain, i believe, which they felt was going to arrive at 9:15, and in fact that is when it began to rain. when governor daniels talks about the unexpected burst of wind, as far as i know, that is a precursor to the storm itself. megyn: and do you know the

latest, david, on the status of the victims? we were told up to 40 people, as many as who people, and then we just heard estimates of dozens critically injured, some of them. >> right. well, i guess i'm glad to say that the fatality number of five has not increased over the past 24 hours. but certainly among the 40 people who were transported to hospitals there was a wide range of severity of injury. megyn: david, did you see it? did you see the collapse? >> yes, i was out on saturday night to write a concert review for sugarland -- on the sugarland show at the indiana state fair, and the announcement that was made did prompt, i would say maybe 30% of the people in the audience. there were 12,000 people there. to kind of head for the exits i think. their perception was --

megyn: were you one of them? did you feel impending danger? from the wide shot when you look at the sky you'd like to think that you would leave. when you were there on site did it feel that way? >> not necessarily. clouds were rolling in from the west. typically we talk about pop up showers. this indiana summer has been brutally dry. i just ran into a meteorologist saturday afternoon and he mentioned, you know, we might have some rain tonight. i thought of that as a novelty. it's a rain or shine event, we might have some rain, it would be a switch in terms of what's happened this summer. i think it should be noted that the rain that did happen was not of a long duration, and i would not describe it as a torrential downpour. megyn: sometimes mother nature just has different plans and we as human beings get caught in

the middle of them. dave, thank you. >> thank you. megyn: all the best. horrifying pictures. we'll be joined a little bit later this hour by a man, a chaplin who was standing with one of the victims who was killed moments before his life was taken. his eyewitness account 15 minutes away. well a 16-year-old child goes swimming in a lake and winds up dead thanks to a brain-eating amoeba. how does that happen? dr.~michael baden is live here with us to explain. california is cracking down on the kind of bed sheets used in hotel rooms. is flat versus fitted really the bigot thing fashion the sunshine state right now? [ groans ] you okay?

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megyn: fox business alert on a scary new forecast for our economy. brand-new numbers showing the chances of a double-dip recession rising significantly. usa today polled about 39 economists who put the possibility of another downturn, another recession at 30%, that is twice as high as just three months ago. fox business network cheryl cacione put that in perspective for us. >> reporter: they took the polling of the 39 economists between august 3rd and august 11th right in the middle of the wild week of few weeks of the stock market, right after the downgrade, s&p, worries about european

unemployment, you name it. all of this i think goes into how economists responded to usa today, that is one thing to keep in mind here. a couple of points they sadly might be right on, in particular the recession point. we are hearing more and more economists say that the idea of another recession, double-dip, whatever is going to be coming soon. that is out there. but the unemployment call that they made is really disconcerting and hopefully can be changed over the next 12 months. they say we'll have 8.8 to 8.9% unemployment a year from now. we are at 9.1% right. for them to make this type of call is frightening. i guy back to the point they made the survey during a very volatile week with the stock market. we don't have that today, the stock market is higher by 150 points when i looked. timing is everything on this one. megyn: cheryl, thank you. with economic news like that it is probably not a big surprise that the president's poll numbers are turning down.

his gallop job approval rating has now hit an all time low, dipping below 40% for the first time in his presidency. 39% say they approve of the job he is doing. 54% disapprove of the job that he is doing. he has lost 14 points in the approval category just since the killing of osama bin laden. and then there is this. the economic confidence index showing that every state in the union, with one exception, the district of columbia, which isn't a state, has a negative outlook on this economy. every single state. joining me now brad blakeman former deputy assistant to george w. bush and dick harpootlian, former democratic chairman. >> we are in deep misery here. it depends who you ask. lawmakers think they are doing a hell of a job. the rest of us think they are doing an awful job. megyn: maybe that's who they

polled. >> i guess so. look the american people out in the heartland are hurting very badly. i hope the president gets the message that his bs tour, blame somebody else tour is going to come home to roo st for this president. they are leaving the president in droves, independents especially. the very people that had the most hope for this president are the ones that are the most disallusioned. i don't think he'll be worried about the economy next week when he's up in martha's vineyard, playing golf, dining with his buddies and staying in a multi-million dollar mansion. i don't think the economy and little people are going to be on his mind. megyn: the 39% approval rating is not good news. anybody would admit that. that is bad news for the president's re-election chances. however polls change. and all the statistics coming out today bill clinton fell to 37% approval in his first term and he rebounded and won a second term. now that is very rare, and it's very rare for presidents to win when they are this low when the actual election comes along, but can he do it?

>> absolutely. i think barack obama will be reelected. he'll be reelected because the american people will see through this tea party facade. and what has happened -- megyn: let me just stop you and ask you. let's assume for the purpls of of the question that it's a tea party facade as you say. it's been going on for a while now. his approval ratings are at 39% today. >> i understand that. the problem is the american people want the president to get the job done. but he is being held back by speaker boehner's inability to get folks to come to his -- he's the speaker, he ought to be able to get the republican toss do what he says. he can't get it done. megyn: he has control of the house and the senate for the first three years of his presidency. >> you guys controlled the senate and white house. megyn: let me get dick to respond to what i said, then back to you. >> the fact of the matter remains that there is a litany, almost a cult-like fervor among

the tea party republicans that will not allow us to get anything done. we want to talk about history the first two years, we had eight years of george bush, he left this country in a shambles. >> blame george. >> two wars, trillions of dollars in debt, and on the precipice of financial ruin. barack obama has been president for 31 months. you can't cleanup 8 years of mess in 31 months. megyn: there was a poll out last week i think it was. there was a poll out out i think it was last week brad that suggested that the majority of americans do believe that barack obama inherited this financial mess from george bush. >> well, there is no doubt that he inherited a mess, there is no question about it. but, this guy ran on the premise that he could fix our problems. he knew what he was getting into. as a matter of fact barack obama had a plan for everything that was asked of him as a candidate. the problem is, as president he has no plan. he's shown no leadership and that's why you're seeing a vast

majority of americans don't feel that this president is up to the job. and a vast majority of americans think our country is on the wrong track. dick can spin it all he wants, this president is in serious trouble. any republican fares well against this president, especially two formidable candidates we have now, governor romney and governor perry. i think this president is -- megyn: brad, quickly incumbent candidates have won three of every four contests since the civil war. >> that's true an incumbent has a tremendous advantage. with this economy and this president declaring that his stimulus was a failure by his own standards, the president declaring that this is his economy, it's all going to be about jobs, it's all going to be about the economy, it's going to be about his failure of leadership. megyn: chris stirewalt says this, history suggests that trend lines are hard to reverse mostly because when voters make up their minds about a politician they are very hard to change.

public opinion he says is hardening against obama. >> i think you need to look and see where the public opinion is. there are many states where the president is still very popular, in some he's not. it's all about electoral votes. more importantly, we are still over a year out. if people would stop talking down about where this economy is going, for instance, the stock market today, with 150 points it picked up is where it was prior to the crash of last week. so in one week we've come full cycle. in one week we are back to where we were before the downgrade by standard & poors. this economy is going to improve because this president is doing what needs to be done. by the way, brad, i would suggest most of the republicans need to stop smoking that tea instead of drinking it and we would get this country moving forward. megyn: we'll let that be the final word with apologies to the tea partiers. dick and brad, thank you very much. >> thank you. >> thank you. megyn: new details about a bomb threat outside the offices of

house speaker john boehner. it ended with this explosion and we'll show you how it started right after the break. a major crackdown in the city of brotherly love, see why the mayor has been forced to slap a curfew on the city, five minutes away. >> parents, it is your responsibility to know where your kids are, what they are doing, and who they are with. they are your children. you need to raise them, and you are responsible for them.

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megyn: a major snub for those who risked their lives during the aftermath of 9/11. new york city not inviting first responders to a ceremony next month that marks ten years since the terrorist attacks. organizers say there is simply no room for everyone. security is also a concern. but officials say they have a back up plan, they say that police officers, firefighters, and rescue workers will be invited for a separate ceremony some time in the future.

well we told you earlier about the investigation into this deadly stage collapse in indiana. now an in-depth look into what happened backstage moments before the tragedy. despite several warnings of severe weather some fans stayed put n. a moment we will hear from a man who was backstage and managed to escape almost certain death, where as the man next to him did not fair as well. first witnesses describe some of the horror of that moment. >> we just saw this big gust of wind come and all of a sudden the center stage just collapsed down on everybody. >> they were scared, i know they was . everybody start running. >> she was probably about three, four years old i would say, laceration on her arm and you could see the bone. i took my shirt off, we made a tourniquet for her. another fellow was flat out on his face, laceration to his head and neck and everything we had to get all braced up there in

there. >> don moran is a chaplin for the indiana state police. chaplin thank you so much for being here. i understand you travel with the police wherever they go you go, that's why you were backstage at this particular event. you were standing next to a man 49-year-old glen goodrich moments before the collapse. he wound up dead. tell us about the conversation the two of you had. >> hi, yeah, that was -- it was some evening. i was backstage, and the police officers were all busy, so i started talking to glen for a little bit, and we could see that the weather was getting worse and worse, and so he was telling me a little bit about himself. he told me he had two children, he was married. he told me he was a former police officer himself. we just had a good time talking for just a few minutes. that was the first time i'd met him, and then i could see the storm coming in, and i just said, glen, we're going to get wet. i'm going to go under the stands so i don't have to be out here in the rain. and he said, that's right, chaplin you go ahead and keep dry.

so i walked away across the path, the dirt path underneath the stands. i heard everybody scream and i turned back and i just saw the stage collapse. and for the next two hours i was working to they with rescue and helping people that were injured. megyn: when you turned back around and you saw the carnage, the physical and loss of human life and just property damage, take us through it. >> at the very first i didn't really think of any harm to the people. i just saw the stage collapse. it didn't even cross my mind that somebody was going to be hurt at first. but i made my way up to the front as quickly as i could, and that took a while because there was so many people. when i got up there we immediately had five people come to me who were injured and we set up a triage area and i never made it back up to where glen was. i never even thought about glen again, to be honest with you, until a couple hours later when they asked me to go to this morgue setting that we had, and

i saw him lying there, and i realized i was right there with him just a minute before it collapsed. people were so helpful. the first person that came up to me who was injured was a young lady, probably 20 years old, and a nurse was applying pressure to a bleeding wound that she had. three hours later i came across them, and that nurse was still holding that leg because she wasn't as bad as several of the others, and so it took a while to get her transported out. but the people -- i saw a doctor climbing through all the mangled pipes looking for people. everybody was pitching in. people were trying to lift up the structure to get other people out. it was really amazing the way that the people from indiana pitched in. megyn: those are the stories that just give you hope in the aftermath of a tragedy like this. you know, looking at it from a far, seeing the video of that stage go down it seems to me as alay person, it's a miracle that

more people were not killed. what are your thoughts on it chaplin. >> exactly. there were so many people up close to the stage, and i was standing -- as you're looking at the stage glen and i were just to the right of the stage in the direction that it was collapsing. but it did come forward a little bit. i was thinking maybe he would have been okay, but i also was told that he was trying to help protect a couple other people, pushing somebody out of the way i understand, and when it landed on him. glen was -- he's quite a man, and i'm hoping to meet his family. megyn: i hope you do as well. i have to go but but i want to give you the final thought on the fact that had you not moved you too may have lost your life in this tragedy. >> that was an awesome thought. my family was also there. it took about two hours for us to touch base with each other because the cell phones were down. they were quite nervous. it was a good reunion when i met them again. megyn: chaplin don moran i know you helped a lot of people and i'm sure glen's family is grateful that you were with him

shortly before his life ended very differently. thank you so much for being here with your account. >> thank you. megyn: all the best to all the victims of that tragedy and their families today. michelle malkin on a a very different note says the administration was dealt a blow on oil exploration. we'll tell you how the judge who barack obama put on the bench ruled against the white house. a 16-year-old goes swimming in a lake and winds up dead thanks to a brain-eating amoeba. dr.~michael baden is here on what to look out for when you and your children are in the water. >> i openeyou don't know when, and you don't know why things happen. d a choice. take advil no and maybe up to four in a day. or choose aleve and two pills for a day free of pain. way to go, coach. ♪

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megyn: new details on the background of a u.s. tourist being questioned over the disappearance of a woman in aruba. his freedom hangs in the balance as he is in court for a detention hearing. he says he's the last person to see his traveling companion, robyn gardener alive. >> reporter: either the american tourist turned suspect goes free or a judge orders him held for eight days behind bars. today's hearing is closed to the public, just a judge, a prosecutor, the defendant who is expected to talk extensively in the hour or so hearing answering questions from the judge. gary giordano says they went snorkeling. and when they got back, she was

nowhere. she was swept out to sea. an ex-wife says he physically beat her, a number of girlfriends have come forward alleging apbg are managemen alleging anger management issues. >> i accidentally brushed his hair and he grabbed my hand in a violent way that scared me. >> reporter: here in the u.s. the f.b.i. is aiding the the aruban investigators. his computers, laptops anything with an email train between the two of them would be of interest. his defense attorney releasing this statement yesterday, quote, today nine days later four voluntary interviews, two site visits and more than 30 statements coming from sources, we cannot deduce that there is hard proof to sustain a demand by the public prosecutor against our client. that's what he will be arguing this afternoon. megyn: phil keating thank you. should the suspect be let go or

should he be kept locked up? there is a critical clue in her email that took place the day after she disappeared. we will discuss it in today's kelly's court. he instantly became a frontrunner when announcing his bid for the oval office this weekend. texas governor rick perry speaking to fox news one-on-one next. and california dreaming may soon have to happen on fitted sheets. see why bed linens are now suddenly such a big deal in not the sunshine state like i said earlier, the golden state, thank you, viewers for the correction.

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♪ megyn: a brand-new hour of "america live." welcome. i'm megyn kelly.

texas governor rick perry speaking one-on-one with carl two days after he declared in south carolina. some say it's too soon for another texas republican to go to the white house. >> reporter: the nation's longest serving governor and the only three-term governor of the lone star state addressed it this morning and he clearly recognized some distinctions caucus-goers and voters across the country should see between himself and george w. bush who was his predecessor. >> they are not all carbon copies in texas. one of the quick ways you can tell the difference. he's a yale graduate and i'm a texas a&m graduate. it doesn't matter where you are from. the next president of the united states what state they are from

does matter. what matters is what's in their mind and hearts. >> reporter: he wasted no time and took most of his shots and aimed his attention at the incumbent democratic president obama. mitt romney, the ex-governor of massachusetts was campaigning in new hampshire. he, too, is going after president obama. and as i spoke to mr. perry he also was eager to contrast himself to mitt romney. >> i'm asking the president of the united states to do something. he says he's on a listening tour so i'm going to talk to him. here's what i'm going to say to him. mr. president, you need to free up the employers of this country to create jobs. get rid of the regulations that are stifling jobs in america.

free up this country from these stifling regulations. >> reporter: pery said he's a pro-business republican and makes no apologies. he says compare the perry record in texas to massachusetts. texas has been responsible for 40% of the country's job growths. in massachusetts while he was governor massachusetts was in the low 40s? job rankings. megyn: what is the early buzz on him and how he might fare in the republican nomination? >> reporter: when it comes to money. in the last five to six weeks, the perry organization has been lining up commitments, not to say donations, from major donors

referred to as bundlers and fundraisers who can collect donation from others. he will head out on an aggressive fundraising undertaking. as for how people feel about his prepare i'dness for the presidency and how he will run. perry has an easy, comfortable style on the campaign trail. one thing that always happens in this process. ellisen to what iowa caucus-goers say, already, folks have acknowledged and steam quite eager to watch more of rick perry because of the waive he campaigns here. caucus-goers are very jealous and demanding. they expect candidates to give them extra time and attention. perry seems to understand that. while he's ringed by cameras three deep he will reach across

anybody and anyone in order to meet voters. we expect to have some cool pictures when he goes to the pork producers' tent and starts flipping pork chops. megyn: carl, thank you. campaign carl cameron back out there. governor perry has come out swinging already with his campaign quickly targeting the president and some of his gop rivals on the issue of the economy. frank luntz just ahead on perry's message and what might work to convince the voters. fox news is your 24/7 source of news. you can check out foxnews.com for everything you need to know about the race for 2012. a brand-new poll from the military operation that took out the world's most wanted

terrorist, usama bin laden. it concerns the stealth helicopter. now we are learning that pakistan's government allowed china to get an up close and personal look at the chopper, even allowing them to take pictures and samples of it. >> reporter: there are two different accounts. pakistani military sources say three chinese scientists were shown the helicopter tail three days after usama bin laden was killed by navy seals. the sources tell fox the chinese scientists inspected the tail, took samples and at one point peeled a bit of the coating off near the section of the tail that joined the body of the helicopter. one of the two helicopters went down with the tail crashing outside the compound's high wall. the seals could not use

explosives to destroy it. the tail contains class fight technology. they are not confirming chinese scientists had access and collected samples. they say we know it was compromise, the degree to which it was compromised is an open question. but the former head of the cia said the chinese will use whatever was gathered to gain insight into the stealth technology. >> in the early part of the century, they are clever at reverse engineering. we have seen tonight military weaponry and industrial machinery and telecommunications. i don't know how difficult it is to reverse the helicopter. >> reporter: the chinese got

access to the tail before u.s. officials were grants access to usama bin laden's wives and children who lived with him at the compound. megyn: thank you. the city of brotherly love fighting back against a wave of flash mob incidents after several incidents of mob violence. the problem is so bad that philadelphia's mayor is imposing curfews to keep teens off the streets. those curfews went into effect this weekend. so far the curfews are called a success. you can have flash mobs where people dance and have fun and then you can have something else. this does not mean this city was free of teen violence this weekend. >> reporter: 70 teens were arrested this weekend who were

accused of violating the curfew including an 18-year-old man who stabbed a gairvel she rejected a row plan particular advance. there were none of the flash mobs that have plagued the city for the past two years. the mobs which are organized on social media sites have attacked people and property. they rampaged through the streets and tourist areas wreaking havoc. one of the rioters arrested only 11 years old. the mayor lashed out at kids but parents saying they need to do more to control their children. the mayor offered advice and a stern warning. >> if your child is out after curfew, tall, short, nice, not so nice, the curfew is the curfew is the curfew. >> reporter: not only can the teens be find but so can parents.

the first time their kids are caught violating the curfew, mom and dad get a warning. the next time the fine could be as much as $500. some critics say the curfew is unfairly targeting inner city blacks. the local chapter of the naacp supports the mayor say weighing did took courage. megyn: a federal fudge appointed by president obama ruling against the energy's energy policy. and she was last seen on the island of aruba vacationing with an american businessman. today robin gardner is nowhere to be found. how long should shortsr authorities be able to hold giordano without proof he was involved in her disappearance. be prepared. this little guy was prepared and it saved his life.

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megyn: a young boy scout surviving a night in the wilderness after getting separated from his scout members. he built a lean-to and covered himself to stay warm overnight. his family says the skills he learned as a scout likely saved his life. >> he put dirt on him to stay warm. he did everything right that he learned at scouts. >> i want to say thank you. i'm glad they could hear me.

megyn: unbelievable. asked if he would go camping again, the resourceful scout simply said, yeah. good for him. an afternoon swim takes a deadly turn. the florida health department is awaiting test results on the florida teenager who died days after taking a dip in the st. john's weather. they believe she contracted a brain infection from an amoeba. it's believed it entered flew her nose or ear and quickly attacked her brain. dr. michael baden is a forensic pathologist. i hear deadly brain-eating amoeba contracted in a lake or some stagnant body of water where people swim regularly, and i think what? >> what's interesting, megyn --

i lost you. megyn: does this happen often? is this a risk we need to worry about? >> this is a parasite that we learned about only in the 1960s. it has an affinity for the nerves in the nose. the amoebas go in and flourish during hot weather, when the temperature in the water gets above 80 degrees, they are inhaled in the nose, they attach to the nerves in the nose. the nose nerves are an inch from the brain. and they quickly get into the brain and within three days they are beginning to destroy brain tissue and within a week most people are dead within a week of infection. megyn: how do you know this is going to happen? lots of us swim in lakes all the

time. how do you know whether you are in danger or whether you will wind up like this 16-year-old girl who winds up dead? >> it's uncommon. but the amoeba are present often in the soil on the bottoms of lakes. when the water gets above 80 degrees they proliferate. the best protection is put a nose clip on so the water can't get in the nerve. megyn: it's not a question of not inhaling the water. if you are just breathing under water, then you could be at risk. >> if you breathe in through your nose. you get water in your nose. megyn: you exhale when you are under water. but water goes up your nostrils. >> that's the danger points.

it's uncommon but it's easily preventable by even covering the nose with fingers when one jumps into the water. and the first symptoms of it is within a day or the two person can't smell very well. smell changes and taste changes and death will occur in a week or two. megyn: can't you get an anti-biotic? it's meningitis. can't it be treated? >> it can be treated if gotten quickly enough. the problem with this girl is the diagnosis isn't made for a number of days. by the time the diagnosis is made there is already a lot of brain damage. it acts so quickly because it goes to the brain within a day. megyn: the recommendations say assume this amoeba is present in any body of freshwater. avoid swimming there when it's high water temperature and low water levels.

use nose clips. then it says avoid stirring up sediment. are you not at rise next ocean? -- are you not at risk in the ocean? >> it's mostly freshwater, ponds or lakes. it's sediment. the meana live in the said -- the amoeba live in the sediment. megyn: if you lose your sense of smell, is that one of the first signs you go to the doctor and tell them what you have been doing. >> if you can tell the doctor within a day or two your smell has changed. people say everything smells like burnt toast. the taste is different. and if you can catch this -- if the doctor can make a diagnosis in a day or two, then the anti-biotics might help. but the problem i -- the problem

is usually this causes the person to become delirious. the bacteria get into the nasal nerves and within an inch they are in the brain. so it happens very rapidly, unlike other bugs and things that have to go in the skin or inhale into the hungs and they give you lung problems over period of weeks. this is five or six days and you can be dead. megyn: that's incredible. it certainly caught our attention, rare as it is. dr. baden, thank you. critics call it a classic battle of regulation versus jobs. this time jobs won and the administration lost. that's how michelle malkin sees it. governor perry has come out swinging with his campaign, quickly targeting the president and some of his gop rivals on

the issue of the economy. frank luntz joins us with whether perry's message is winning any hearts and minds. >> we don't have to accept our current circumstances. we can change them. we are americans. [applause] that's what we do. we roll up our sleeves. we go to work. we fix things. as a manager, my team counts on me to stay focused. so i take one a day men's 50+ advantage. it's the only complete multivitamin with ginkgo to support memory and concentration. plus it supports heart health. [ bat cracks ] that's a hit. one a day men's.

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megyn: critics say the was a classic case of regulations versus jobs and the regulators lost. a federal judge ruling in favor of oil and gas companies challenging the administration.

the court aggrieving with the oil companies that the regulations went too far trying to stifle oil and gas exploration. joining me now is michele bachmann. michelle, but the this in perspective for the lay person at home who hasn't been following this. why is this significant? >> you have affirmation from an obama appointee on the courts that this administration has continued to legislate behind closed doors without any public comments or review, trucking congressional laws and doing tonight a way that's arbitrary, capricious, and contrary to the rule of law. the western energy alliance was the plaintiff in the case.

they represent oil and gas 90s my heart of the country in the rocky mountain region. there are a thicket of rules and hoops that any of these interests have to go through in order to drill on federal land. in 2005 congress decided as a matter of national policy to make america more energy independent that they would expedite some of these environmental reviews. interior secretary ken sal door decided unilaterally along with the forest service as they can't want the expedited rules and they came up with their own set of rules, overruling what congress passed into law. what the judge decided friday was this entire regime they put into place in the spring of 2010 was unacceptable, circumvented transparency and she issued a nationwide injunction against those rules.

a huge rebuke of the administration. megyn: why is the interior department trying to do that? why are they standing in the way of these permits in the rule as it stood was basically different would allow them to get permits where a permit was granted before. they tomorrow streamlined it in cases where it seemed obvious the oil and gas companies deserved the permit. why did he stand in the way of that? >> as a pro-growth democrat i agree there are some regulations that are on it of place. but in an effort to make sure we don't have more deepwater horizon accidents, and taking the time they need to make sure these lands are the right ones to be exploring for oil and gas, i think that probably appropriate. this law may not have been right. but underlying that effort is the white house's effort to get the economy going. the oil and gas industry is making hundreds much millions in

profit every year, to make sure they are behaving responsibly. megyn: what is it ... >> i think he was filibustering and hasn't read the actual ruling. what the judge said is so damning. they were legislationing, they were changing the law without public comments, without public review. this is the way the administration has operate and it, the way the interior department has operate. this is the lightest reef buick. you have had martin feldman in louisiana, you had the 5th circuit court. you had the inspector general office itself going after the interior department for making these decisions when they had no legal right to do so and they showed a clear contempt for the laugh. the plaintiffs in the case representing many of these oil and gas interests who have gone through years and years of this kind of administration review

claim they were injured economically and by job loss because of these rules. the obama administration turned up its nose and said that wasn't true. well, the judge appointed by obama said it was clear they had demonstrated injury as a result of these out-of-control rules that were -- that had no grounding in any kind of public comment or review at all. megyn: obviously oil and gas companies are easy to demonize because they have a bunch of of dough and there are environmental messups. but they have employ a lot of people. he has cracked down on them in unfair ways that some say has stifled the economy. >> michelle is right, the judge in this case appointed by the president found these companies paid a price.

but in the contexts of their overall business and in the context of safety, is it appropriate? i'm not here to adjudicate this case. the president was at johnson controls. "time" magazine said the president was at a factory responsible for thousands of jobs. this is a company that buys its materials from all over the country that employ thousands of others. he was at this company for three reasons. one, because he saved the auto industry, two, because he helped create standards to driver green cars and three because we created a battery industry to prekate new jobs. there is opportunity here as well. megyn: although she would clearly like to, i can't let michelle respond because we are out of time. all the best, thanks for coming on. you can check out michellemalcolm.com if you want to hear what michelle is going to say.

a state struggling to turn its economy around could dictate what kind of sheets the hotel gets to sleep on. this is what hotel makers are willing to go to the mattresses over this one. new details in the disappearance 7 robin gardner. the only identified suspect is behind bars, her traveling companion. but on "kelly's court" we'll show you why he may go free. what does rick perry's campaign kickoff tell us about him. >> page one of any economic plan to get america working is to give a pink slip to the current residents in the white house. [applause]

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call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. megyn: more than 60,000 pounds of ground beef has been pulled off the shelves because they could be contaminated with e. coli. senator charles schumer looking to close a home stld security recall. one that allows workers to get a

job at a power company without undergoing a background check. the second he tossed his hat in the ring he instantly became one of the frontrunners for the white house. governor rick perry sending shock wavers after his announcement his weekend. but what does the average american outside of texas think of the lone star governor and his message. pollster frank luntz is with us. this was american's first chance to size up governor rick perry. so we cued up a few sound bites. the first one is on jobs.

>> we followed a recipe to produce the strongest economy in the nation. continues june of 2009, texas is responsible for 40% of all jobs created in america. we are home to less than 10% of the population in america. but 40% of alln jobs were created in that state. megyn: that's the thing everybody is talking about. >> he has a report of accomplishment. some people may have thought texas is different than america. but statistic after statistic, nobody has running has the record he has got when it comes to the economy at a time when it locks like we are entering a second recession. he, the on one of the candidates who can go number by fact by evidence by proof. megyn: how about romney? >> reporter: it's a different record. it goes far beyond just jobs and the economy. but on that, perry would do a

good job for himself as focused on it. megyn: he's a small government guy and had a few different messages including this one. i want to ask you about the language he chose to tell people that he's not going to be all up in your business. >> in america the people are not subjects of the government, the government is subject to the people. [applause] and it's up to us -- it is up to us to this present generation of americans to take a stand for freedom, to send a message to washington that we are take our future back from the grips of the central planners who would control our healthcare, who would spend our treasure. who downgrade our future and micromanage our lives. >> wow!

megyn: americans are not the subjects of government. >> it's an intellectual points as well as applause line. he's making a clear claim that he's going to be the anti-washington candidate. he will be challenged by both mitt romney and michele bachmann to that title but that is language perfection. it's thoughtful and historic. then he gave specific evidence to the things he's going to change. i wouldn't change a word. megyn: he mentioned healthcare. that's something on which he is standing firm on. and do you think we'll be hearing more of it? >> it's a defining moment. the question is where do you stand and what have you done? they will put those two healthcare platforms up against each other and voters will make a decision based on that. megyn: he spent the first parts of his speech talking about his general background. the son of farmers. guy up thrifty, his wife is his

lifetime love, she is still his first love, he has two kids. he comes from humble roots. how does that play with the americans? >> we love a horatio aljer story. the guy has been reelected three times as governor of the big state. megyn: texas is different from the united states. >> he and his wife tried to get me to join a weight program. as you can see, i failed. i didn't 10 try. megyn: want to leave with you this land sounds bite from the governor. >> i promise you this. i'll work every day to try to make washington dc as inconsequencasinconsequential a.

and we'll be free from the brudens of costly government so those groups can recite and innovate and succeed. -- can create and innovate and succeed. i don't know where he came up with it, government is inconsequential. i never heard it before. and fox viewers will get a chance to participates. they go to luntzglobal.com and sign up. they can react in focus groups all over the country. megyn: frank can be ornery in those groups. >> between you and hannity you are killing my reputation.

thoif do yell a lot. they have to be quick. megyn: if they get too angry frank will make fun of you on the air. luntzglobal.com. thank you very much. california is drowning in debts. the states unemployment rate is the second highest in the nation. what's really important? making sure all hotel guests have fitted sheets. i say that's on the agenda. you cannot make this stuff up. plus she vanished from aruba while vacationing with a male companion. there is no evidence according to his lawyer that he had anything to do winds. how long can aruban authorities keep him there. there may be a critical clue in this case having to do with her email. >> i'm still shaking because i have children and that could have been me. and at first, you know, i'm like

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megyn: "kelly's court" is back in session. a prisoner in paradise without a shred of evidence, or so says his island. gary giordano is the last person to see 35-year-old robyn gardner alive that we know of. he claims they went snorkling and she was swept out to sea. his defense attorney says he has been fully koomenting with the investigation. doing countsless interviews, guiding police around the area and so on. and they wants the man released so he can come back to america. the aruban prosecutors say no, they want to keep him there

despite what the defense say is a lack of evidence. should this american be returned to the states? let's ask our panel. panel, so, it sounds good if you his to the defense attorney to let him come back home. the aruban authorities budge manied the natalee holloway case. >> i don't blame the defense attorney pore trying. good shot, that's what they are supposed to do. but evidence? there is a lot of circumstantial evidence. he was about to leave the island. he was at the airport when he was arrested. he was the last person to see him. the only witness. and the story keeps change. her friends say she had it the water, she wouldn't go in the pool. she didn't want to mess up her hair. and he has a long history of domestic violence, and several women have come forward and said

that. the ruthat -- the aruban authors searched his house. don't let him go. megyn: some of the friends said she wouldn't have been snorkling. but it was confirmed she had been snorkling. but there was a critical clue in connection with her email. when you use gmail you can sign up for gmail chat. her gmail chat was alerting she was on there for the second and third day after her disappearance. she disappeared august 2. it showed she was on there wednesday and thursday, august 3 and 4. what does that suggest? >> someone could have been using her accounts. it could have been this guy or could have been using somebody else. i'm not saying he didn't do its.

i'm saying potentially there may not be enough evidence to hold him. it doesn't mean they can't charge him when they develop the evidence. they have a search warrant at his house. so far there has been nothing that seems to be damning towards him. you have got obviously a creepy guy. megyn: nothing? he says that she drowned at someplace called baby beach. which is where they went snorkling. but authorities say have drowned there before and bodies are found almost right away. >> nothing has been found there. megyn: the water conditions on the day she allegedly drown, the coast guard said the sea wasn't rough at all, it was like a mirror. >> he didn't bother calling the authorities until he got into clean clothes, fresh clothes, the clothes were dry. i'm not convicting him either. but there are a lot of things that don't make sense.

what do you do in that situation in you hold onto the person especially when i are leaving the country. we know how bad extradition treaties can be. you can't willy-nilly let them go. megyn: are people holding against this got it facts that few women have come forward to say he stalked them in the past or hurt them in the past, including this ex girlfriend who gave an interview off camera. >> he had a very nice side of him. but he was erratic. he was a little violent. one time i happened to touch his hair by accident and he like literally yanked my arm really hard and it was really scary. he was quite physically aggressive. >> physically aggressive? no one is suggesting this guise the perfect guy to date.

the question is what evidence do they have right now? i haven't heard one thing that will say i'm going to invest my 401k money that this is the guy for sure. until that time all the defense is asking is that he be released. >> until that time keep him. megyn: a couple saw them two hours before she was reported missing. one final word for our viewers. this man's violent past is cause for concern. so are questions about his story. and where is the body? the authorities have seemed like the keystone cops in the past. what a nightmare with the natalee holloway case to name one. one cannot jump to any conclusions in this case. we'll be right back after this. kim and james are what you might call overly protective. especially behind the wheel. nothing wrong with that. in fact, allstate gives them a bonus --

twice a year -- for being safe drivers. dollar for dollar, nobody protects you like allstate. i don't always have time to eat like i should. that's why i like glucerna shakes. they have slowly digestible carbs to help minimize blood sugar spikes, which can help lower a1c. [ ma announcer ] glucerna. helping people with diabetes find balance.

megyn: there is growing outrage over the priorities of a state suffering financial problems on all sides. the legislature in california proposing a bill that would dictate what you sleep on. requiring hotels to use fitted sheets on beds instead of unfitted sheets. sit would cost businesses and ultimately customers a bundle to put in place. what's behind this one, liz? >> hotel housekeepers, 833 complaints filed with the state asking for workmen's compensation because of supposed back injuries, and many of these individuals did have back injuries. but the question for the hotel industry and they are concerned about this move, why do we need a state law to dictate what kinds of sheets the hotel industry will be using? using fitted sheets you have to

lift the mattress as well. if you have a law on the books out of sacramento, that opens the hotel industry up to lawsuits. and california has been seeing jobs migrate out of the state as other states have been cherry picking businesses out much california saying their states have more business-friendly environment. you can see that from texas, arizona, and utah. megyn: the problem is when they bend over to slide the flat sheet under the mattress it's hurting their back? >> that's the idea. it's coming out of the union movement that's basically representing the hotel workers. they are concerned about back injuries and concerned about back injuries for nurses and others in the healthcare profession. if you have a fitted sheet versus a flat sheet, don't you have to lift the mattress anyway? megyn: aren't they concerned about the ricochet in.

>> i love the one we don't want blanket rules out of sacramento. megyn: what do you think, folks? should the state legislatures be paying attention to the sheets? thanks, liz. we'll be right back. captioning made possible by fox news network

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